Citation Nr: 0214179
Decision Date: 10/11/02 Archive Date: 10/17/02
DOCKET NO. 00-07 030A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Hartford,
Connecticut
THE ISSUES
1. Entitlement to service connection for a right knee
disability.
2. Entitlement to service connection for a left knee
disability.
REPRESENTATION
Appellant represented by: Connecticut Department of
Veterans Affairs
ATTORNEY FOR THE BOARD
Robert A. Leaf, Counsel
INTRODUCTION
The veteran had active service from February 1969 to June
1971.
This appeal to the Board of Veterans' Appeals (Board) arises
from rating decisions of a regional office (RO) of the
Department of Veterans Affairs (VA) denying service
connection for a right knee disability and service connection
for a left knee disability.
REMAND
The veteran was scheduled for a travel board hearing in
October 2002. However, in correspondence dated in September
2002, the veteran's representative advised that the veteran
is currently incarcerated and not scheduled for release until
August 2003. Additionally, the veteran submitted statements,
also dated in September 2002, advising that he continues to
want a travel board hearing, and specifically declining a
video conference hearing before a member of the Board.
Under the circumstances, the case is REMANDED for the
following:
The RO should schedule the veteran for a
travel board hearing after August 2003.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded to
the regional office. Kutscherousky v. West, 12 Vet. App. 369
(1999).
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans' Appeals or by the United States Court of
Appeals for Veterans Claims for additional development or
other appropriate action must be handled in an expeditious
manner. See The Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994),
38 U.S.C.A. § 5101 (West Supp. 2002) (Historical and
Statutory Notes). In addition, VBA's Adjudication Procedure
Manual, M21-1, Part IV, directs the ROs to provide
expeditious handling of all cases that have been remanded by
the Board and the Court. See M21-1, Part IV, paras. 8.44-
8.45 and 38.02-38.03.
Iris S. Sherman
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 2002), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Appeals for Veterans Claims. This
remand is in the nature of a preliminary order and does not
constitute a decision of the Board on the merits of your
appeal. 38 C.F.R. § 20.1100(b) (2001).